Change to short-term prisoner release point

4th February 2026

The automatic release point for certain short-term prisoners will be changed from 40% to 30% of their sentence, subject to approval by Parliament.

Justice Secretary Angela Constance announced the plans to Parliament today to help deliver a sustained reduction in the prison population, which remains at critical levels despite significant action already taken by the Scottish Government. The changes, if approved, would come into force during May.

The change would not apply to anyone serving sentences for domestic abuse or sexual offences, while those serving long-term sentences of over four years are also excluded from the change.

Following a short consultation with relevant stakeholders, the necessary regulations are expected to be laid in Parliament next week for MSPs' approval to allow for scrutiny ahead of the end of this parliamentary term.

Since November 2024, the Scottish Government has modified the release point for short-term prisoners from 50% to 40%, created 400 additional prison spaces, increased annual community justice funding including supporting alternatives to custody to £159 million, and implemented emergency early release measures.

The Scottish Government continues to invest in prison infrastructure and alternatives to custody. Capital funding of £458.5 million has been allocated to the Scottish Prison Service in 2026-27 to complete HMP Highland and progress HMP Glasgow, as well as for maintenance and improvements across the wider estate. Electronically monitored bail has also been rolled out to every local authority area in Scotland, providing courts with greater flexibility to manage individuals in the community.

Ms Constance said:

"Despite the significant steps we have taken, the prison population remains stubbornly high, driven by more convictions for serious crime - and longer average custodial sentences which have increased by 37% over the past decade.

"Further action is necessary to ensure the continued safe running of Scotland's prisons for those who live and work there. This is not a decision I have taken lightly, and protecting victims and public safety remains an absolute priority. That is why these changes, if agreed by Parliament, would not apply to those serving sentences for domestic abuse or sexual offences.

"While this measure addresses immediate pressures, we must also look to the long term by continuing work in areas such as increasing the use of bail supervision; the roll out of electronically monitored bail across the country; and optimising the use of Home Detention Curfew. The independent Sentencing and Penal Policy Commission will also publish its recommendations shortly, and we will consider them in detail. Scotland, like the rest of the UK, is an outlier in its high prison population and this needs to be addressed."

Short-term prisoners are those serving sentences of less than four years.

The regulations (secondary legislation) will be subject to the affirmative procedure and require parliamentary approval of a Scottish Statutory Instrument.

Victims registered with the Victim Notification Scheme will be informed of relevant releases.

Prisoners convicted of sexual offences or domestic abuse offences are excluded from this change and will continue to serve 50% of their sentence in custody.